Michel Narpet v. The Branch Manager

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 15.07.2024

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Michel Narpet ... Petitioner Vs.

1.The Branch Manager, State Bank of India, Bazar Branch, Thoothukudi, Thoothukudi District.

2.The Inspector of Police, Cyber Crime Police Station, HX 39 + 3M2, Amul Dairy Road, Near MT Police Line, Popati Nagar, Ananth District, State of Gujarat - 388 001.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the 1st respondent to de-freeze petitioner's bank account in A/c No.40276382394 on the 1st respondent Bank and enabling petitioner to operate the same by considering the petitioner's representation dated 04.05.2024. For Petitioner : Mr.S.Vishnuvardhan For Respondents : Mr.C.Karthick for R1.

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ORDER

Heard the learned counsel for the writ petitioner and the learned standing counsel for the first respondent / bank. Notice had been sent to the second respondent through e-mail about the filing of this writ petition. 2.It is seen that at the instance of the second respondent, the petition mentioned account was frozen. For de-freezing the same, the present writ petition came to be filed.

3.The learned standing counsel for bank informs the Court that they had frozen the account only at the request of the second respondent. It is seen from the communication issued by the second respondent, a sum of Rs.2,224/- was seen as suspicious transaction. The details are as follows:- S.No Bank / (Wallet/ PG/PA)/ Merchant/ Insurance Account No./ (Wallet/PG/PA )/Id Transaction Id/ UTR Number Amount Transaction Date Complaint Date Remarks Complaint Reported by State Complaint Forward From / Date Account Credited to: State Bank of India 40276382394 3281203699 Transac tion :

08/10/2023 26/10/202 13:06:PM IMPSOUT/32 8120369 973/SBI N00096 29/40 GUJARAT Bhavesh Chudasama 2/4

3.For such a small amount, the entire account need not be frozen. That would be grossly disproportionate. I, therefore, the first respondent to de-freeze the petition mentioned account after marking lien for a sum of Rs.2,224/-. This shall be done immediately and without any delay. 4.The writ petition is allowed on these terms. No costs. 15.07.2024 NCC : Yes/No Index : Yes / No Internet : Yes/ No ias Issue order copy on 18.07.2024.

To:- The Inspector of Police, Cyber Crime Police Station, HX 39 + 3M2, Amul Dairy Road, Near MT Police Line, Popati Nagar, Ananth District, State of Gujarat - 388 001.

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G.R.SWAMINATHAN, J.

ias 15.07.2024 4/4